HomeMy WebLinkAbout030701 ORD - 12/08/2015 Ordinance abandoning and vacating an undeveloped and unsurfaced 37,786-
square foot (0.87 acres) portion of a 60-foot wide public right-of-way, as shown
and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is
recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, and
requiring the owners, Corpus Christi Independent School District, and Seaside
Builders, LLC to comply with specified conditions.
WHEREAS, Corpus Christi Independent School District, and Seaside Builders, LLC, a Texas
limited liability company ("Owners") has requested the abandonment and vacation of an undeveloped
and unsurfaced 37,786-square foot (0.87 acres) portion of a 60-foot wide public right-of-way, as
shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in
Volume 26, Page 63, Map Records of Nueces County, Texas. This closure is being requested in
conjunction with the future Plat of Los Encinos (to be submitted at a later date).
WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, November
17, 2015, during a meeting of the City Council, during which all interested parties and citizens were
allowed to appear and be heard.
WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus
Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced 37,786-square
foot (0.87 acres) portion of a 60-foot wide public right-of-way, as shown and dedicated by Plat of Los
Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of
Nueces County, Texas, subject to compliance by the Owners with the conditions specified in this
ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. Pursuant to the request of Corpus Christi Independent School District, and Seaside
Builders, LLC, a Texas limited liability company ("Owner") has requested the abandonment and
vacation of an undeveloped and unsurfaced 37,786-square foot (0.87 acres) portion of a 60-foot wide
public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of
which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas is abandoned and
vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions
specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the
subject portion, Exhibit "B," which is the graphical representation for the metes and bounds
description, and Exhibit "C," which is the location map, are attached to and incorporated in this
ordinance by reference as if each were fully set out herein in their entireties.
SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1
of this ordinance is expressly conditioned upon the Owners' compliance with the following
requirements:
a. City staff recommends that payment of the fair market value be waived because City Code,
Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market
value when an abandoned street is unimproved, as it is in this case.
b. Upon approval by the City Council and issuance of the ordinance, all grants of streets
closures must be recorded at the Owners' expense in the real property Official Deed and
Map Records of Nueces County, Texas, in which the subject portion of the property is
located, with a copy of the recording provided to the City. Prior to the issuance of any
permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys
030701
INDEXED
or public rights-of-way, and items of record must be submitted by the Owners to the
Director of Development Services.
c. Dedicate a 15 FT wide Utility Easement with a separate instrument for looping the water
line on Martin Street within 180 days.
d. Failure to comply with all the conditions outlined in this Ordinance within the specified time
frame will hereby make the Ordinance null and void.
The for,e9,Ong ordina ce was read for, tie first time and passed to its second reading on this the I
171-1—)
day of 'DV.e.Ar \OZ,�, , 201"), by the following vote:
Nelda Martinez LA__ Brian Rosas
Rudy Garza I Lucy Rubio 1 A 1
I !
Chad Magill , , Mark Scott
Colleen McIntyre i+; Carolyn Vaughn
4
Lillian Riojas /./
0
The forego' ordinance was read for the second tim nd passed finally on
this the day of ----D.0 (' , 20 1'3, by the following vote:
Nelda Martinez / ' Brian Rosas / . i
�
,
Rudy Garza i . ,! Lucy Rubio '�
Chad Magill , /
I.AA Mark Scott i�
` I , �l
Colleen McIntyre /A Carolyn Vaughn
Lillian Riojas A.. /
PASSED AND APPROVED this the 0 day of bQ -J , 20I
ATTEST:
P—si10,&,C,C.0 /4-LAJ2
Rebecca Huerta Nelda Martinez
City Secretary Mayor
030701
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ENGINEERING
toms' Job No.4916.B502
July 22,2015
Exhibit A
0.87 Acre Tract
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes for a 0.87 Acre Tract of Land (not based on an on-the-ground Survey), being a portion of
Hacala Street (not constructed), a 60' public roadway, as shown and dedicated by Plat of Los Encinos 10 Acre
School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, said
0.87 Acre Tract being more fully described as follows:
Beginning, at the South corner of the said Los Encinos 10 Acre School Tract, on a Northeast boundary
line of a 45.316 Acre Tract described in a Warranty Deed from AHA Housing Alternatives, LLC to Seaside
Builders, LLC,as recorded in Document Number 2014045952, of the Official Public Records of Nueces County,
Texas, the Northwest Right-of-Way line of the said Hacala Street, for the Southwest corner of the said Hacala
Street and this Tract;
Thence, North 28°59'00" East, with the common boundary line of the said Los Encinos 10 Acre School
Tract and the said Northwest Right-of-Way line, 180.28 Feet, to the beginning of a circular curve to the left,
having a delta of 29°18'27", a radius of 438.72 Feet, an arc length of 224.41 Feet, and a chord which bears North
14°19'47"East,221.97 Feet;
Thence, with the said common boundary line and the said circular curve to the left, 224.41 Feet, to the
beginning of a circular curve to the right, having a delta of 24°45'24", a radius of 498.72 Feet, an arc length of
215.49 Feet,and a chord which bears North 12°03'15"East,213.82 Feet;
Thence, with the said common boundary line and the said circular curve to the right, 215.49 Feet,to the
beginning of a circular curve to the left,having a delta of 86°00'03",a radius of 10.00 Feet,an arc length of 15.01
Feet,and a chord which bears North 18°34'04" West, 13.64 Feet;
Thence, with the said common boundary line and the said circular curve to the left, 15.01 Feet, to the
Southwest Right-of-Way line of Frio Street, 60' public roadway,as shown in the said Volume 26,Page 63, being
a Northeast corner of the said Los Encinos I0 Acre School Tract,for the North corner of this Tract;
Thence, South 61°33'00" East, over and across the said Hacala Street, 69.49 Feet, to the common
Northwest boundary line of the said 45.316 Acre Tract and a 10 Acre Tract(surveyed same date), the Southeast
Right-of-Way line of the said Hacala Street, for the East corner of this Tract and the beginning of a non-tangent
circular curve to the left, having a delta of 25°25'22", a radius of 438.72 Feet, an arc length of 194.67 Feet,and a
chord which bears South 12°23'11"West, 193.07 Feet;
Thence, with the said common boundary line and the said non-tangent circular curve to the left, 194.67
Feet,to the beginning of a circular curve to the right,having a delta of 29°18'31", a radius of 498.72 Feet, an arc
length of 255.1 1 Feet,and a chord which bears South 14°19'45"West,252.34 Feet;
Thence, with the said common boundary line and the said circular curve to the right, at 207.11 Feet,pass
the West corner of the said 10 Acre Tract, in all 255.11 Feet;
S:\Surveying14916185021OFFICE\METES AND BOUNDS/0.87Aeres_4916B502_Fieldnotes Page I of I
(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbanena.com
TBPE Firm#145 TBPLS Firm#10032400
Thence, South 28°59'00" West, with the common boundary line of the said 45.316 Acre Tract, the said
Southeast Right-of-Way, 179.72 Feet, to the Southwest Right-of-Way line of the said Hacala Street, the said
Northeast boundary line, being the inner ell corner of the said 45.316 Acre Tract, for a South corner of the said
Hacala Street and this Tract;
Thence, North 61°33'00" West, with the common boundary line of the said 45.316 Acre Tract and the
said Southwest Right-of-Way line, 60.00 Feet,to the Point of Beginning containing 0.87 Acres(37,786 SWFt)of
land,more or less.
Bearings based on Plat of Los Encinos 10 Acre School Tract,a map of which is recorded in Volume 26,
Page 63,Map Records of Nueces County,Texas.
Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety, in its
original form,surveyor assumes no responsibility for its accuracy.
Also reference accompanying sketch of tract described herein.
,AI!„., ,� . URBAN ENGINEERING
3041 • doODZIAW
400.100"0.0.
,t X45 James D.Carr,R.P.L.S.
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(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE, Firm#145•TBPLS Firm#10032400
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DATE: July 22, 2015
Exhibit B SCALE: 1 '100,
JOB NO.: 4916.85.02
Sketch to Accompany SHEET: 1 of 1
DRAWN BY: cos
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on—the—ground Survey), being a portion of Hacala URBAN
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U �r CERTIFICATION OF PUBLIC RECORD
1852
THE STATE OF TEXAS §
COUNTY OF NUECES §
I, the undersigned City Secretary of the City of Corpus Christi, Texas, so
certify that the following is a true and correct copy of Ordinance No. 030701,
passed and approved by the Corpus Christi City Council on December 8, 2015 as
same appears in the Official Records of the City of Corpus Christi, Texas, of which
the City Secretary's Office is the lawful custodian.
WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi,
Texas, this 11th day of December, 2015.
Rebecca Huerta
City Secretary
Corpus Christi, Texas
(SEAL)
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi,Texas 78469-9277
(361)826-3105
rebeccah@cctexas.com
90
2;21 / /
i
Doc 201_r_'ti#7)1S106101.1
A Pages 8
12/23/2015 8•50AM
/e? Official Records of
/lff� (P)P°(1/24/
NUECES COUNTY
`7 KARA SANDS
,pq ' COUNTY CLERK
/'` 717/-
�7�y /���
Fees $4.1.11{1
!X ` p ' Any provision herein which restricts the Saler
Rental or use of the described
REAL PROPERTY because of Race, Color,
Religion, Sex, Handicap, Familial Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number sequence on the date and at the
time stamped herein by mer and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
KARA SANDS
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 769843
PO#
Before me,the undersigned, a Notary Public,this day personally came GEORGIA LAWSON, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely,the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval,
Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PUBLIC HEARING Whereas, an which the annexed is a true copy, was
inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 11/01/15 Sun
CC-Internet- caller.com 11/01/15 Sun
LEGAL SALES REPRESENTATIVE
On this LP day of Y 1 truernt," , 20 I IT-certify that the attached document is a true
and exact copy made by publisher.
Notary P blic, State o t ,
env n�
MIMCHELLE JOYCE CABRERA
y Commission Expires
March 19,2016
:6 NY ZIAON MIR
Nic W old
6E»Sunday, November 1,2015»CALLER TIMES
legals
NOTICE OF PUBLIC HEARING
Whereas, an application has
been filed with the City
Council of the City of Corpus
Christi, Texas, to consider
abandoning and vacating
an undeveloped and unsur-
faced 37,786-square foot
(0.87 acres) portion of a
60-foot wide public right-of-
way,as shown and dedicat-
ed by Plat of Los Encinos 10
Acre School Tract,a map of
which is recorded in Volume
26, Page 63, Map Records
of Nueces County, Texas,
and requiringthe owners,
Corpus Christi Independent '
School District,and Seaside
Builders,LLC to comply with
specified conditions.
NOW, THEREFORE, NOTICE
IS HEREBY GIVEN TO THE
PUBLIC that a public hearing
on the application to con-
sider the abandonment and
vacation will be held by the
City Council in the Council
Chambers of City Hall, 1201
Leopard Street, in the City
of Corpus Christi,Texas, on
Tuesday November 17,2015,
after 11:30 a.m. during the
regular Council meeting
at which time and place all
persons and parties or their
agents may appear and be
heard by the City Council.
/s/Rebecca Huerta
City Secretary